United States Ninth Circuit

In a claim for disability benefits, plaintiff is entitled to neither scheduled nor unscheduled recovery, however, he is entitled to a de minimis award to preserve the possibility of a modified award should his earning fall below pre-injury levels.

Appellate Information

• Argued 11/04/2004
• Decided 12/21/2004
• Published 12/21/2004

Judges

• GOODWIN, Circuit Judge., Before:  GOODWIN, FISHER, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James M. McAdams, Pierry, Moorhead, McAdams & Shenoi, LLP, Wilmington, CA, for the petitioner.


• For Appellees:
  
• Cindy Gutierrez (Argued), Daniel F. Valenzuela (On the Briefs), Samuelson, Gonzalez, Valenzuela & Brown, San Pedro, CA, for the respondents.